Preview
Filing # 181637938 E-Filed 09/12/2023 02:37:59 PM
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR DUVAL
COUNTY, FLORIDA
CASE NO.: 16-2021-CA-004553-XXXX-
MA,
SCOTT AKIN, STACEY AKIN, and
ASHLEY AKIN,
Plaintiffs,
v.
STEVEN WEBSTER, GERARD
WEBSTER, JR., UBER TECHNOLOGIES,
INC., RASIER, LLC, RASIER-CA,LLC,
RASIER-DC,LLC, RASIER,-PA,LLC,
RASIER-MT,LLC, and HINTER-NM,LLC,
Defendants.
_______________________________/
DEFENDANT STEVEN WEBSTER’S SUPPLEMENTAL
REQUEST FOR PRODUCTION TO PLAINTIFF
COME NOW, Defendant, STEVEN WEBSTER, (“Defendant”), by and through the
undersigned counsel, pursuant to Rule 1.350 of the Florida Rules of Civil Procedure,
requests that the Plaintiff, ASHLEY AKIN, (“Plaintiff”), to produce for inspection and/or
copying the following documents, writings, papers and other data within thirty (30) days,
at the offices of the undersigned attorneys for the Defendant: Cole, Scott & Kissane, P.A.,
4190 Belfort Road, Suite 300, Jacksonville, Florida 32216
DEFINITIONS
The definitions of certain words utilized throughout this set of requests to produce
are set forth as follows. Please utilize these definitions when preparing your response
and producing documents or other information in response to this set of requests to
COLE, SCOTT, KISSANE, P.A.
4190 BELFORT ROAD, SUITE 300
JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 09/14/2023 01:01:57 PM
CASE NO.: 16-2021-CA-004553-XXXX-MA,
produce. This set of requests to produce shall be deemed continuing so as to require
supplemental responses if the persons to whom this set of requests to produce are
addressed obtain further information between the time the responses are served and the
time of trial.
1. “Plaintiff,” “You” and “Your” shall mean ASHLEY AKIN, her agents, attorneys or
anyone acting on her behalf.
2. “Defendant” shall mean STEVEN WEBSTER and GERARD WEBSTER, JR.
3. “Document” shall mean each and every written, recorded, or graphic matter of
any kind, type, nature, or description that is or has been in your possession,
custody, or control, or of which you have knowledge, including, but not limited to,
computer files, computer database, computer printouts, correspondence,
electronic mail, memoranda, minutes, agendas, tapes, stenographic or
handwritten notes, written forms of any kind, charts, blueprints, drawings,
specifications, diaries, letters, telegrams, photographs, minutes, contracts
(including all exhibits thereto), agreements, reports, surveys, data compilations of
any kind, teletypes, telexes, telegrams, facsimiles, invoices, order forms, checks,
drafts, statements, receipts, credit memos, reports, summaries, books, ledgers,
notebooks, schedules, transparencies, recordings, catalogs, advertisements,
promotional materials, films, video tapes, audio tapes, brochures, pamphlets,
transcripts, manuals, graphs, estimates, tabulations, logs, charts, books of
account, financial statements, purchase orders, or any written or recorded
materials of any other kind, however stored, recorded, produced, or reproduced,
Page 2
COLE, SCOTT, KISSANE, P.A.
4190 BELFORT ROAD, SUITE 300
JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX
CASE NO.: 16-2021-CA-004553-XXXX-MA,
and also including, but not limited to, drafts or copies of any of the foregoing that
contain any notes, comments, or markings of any kind not found on the original
documents or that are not otherwise identical to the original documents. The term
“document” shall include data stored, maintained or organized on computer or any
other way electronically or magnetically.
4. “Person” shall mean any natural person or any corporation, partnership,
associates, joint venture, firm, or other business enterprise or legal entity.
5. To “identify” a natural “person” or any reference to stating the “identity” of a
natural “person” shall mean to state that person’s full name, business title or
affiliation, employers, and last known address and telephone number.
6. To “identify” a “person” that is a business, organization, or group of persons or
any reference to stating the “identity” of such “person” shall mean to state the full
name of such business, organization, or group of persons, the form of the
business, organization or group of persons (e.g., corporations, partnership, joint
venture) and to “identify” a natural person who would have knowledge of the
requested information.
7. “Identify” when used in reference to a “document” means to set forth following
information: a. A general description thereof (e.g., a letter, memorandum, report,
etc.)
b. A brief summary of its contents;
c. The name and address of the custodian of the original;
d. The name and address of the person(s) who drafted, prepared, compiled,
and/or signed it; and
Page 3
COLE, SCOTT, KISSANE, P.A.
4190 BELFORT ROAD, SUITE 300
JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX
CASE NO.: 16-2021-CA-004553-XXXX-MA,
e. Any other descriptive information necessary in order to adequately
describe it in a subpoena duces tecum or a motion or request for production.
8. “And” as well as “or” as used herein shall be read and applied as though
interchangeable and shall be construed either disjunctively or conjunctively so as
to require the fullest and most complete disclosure of all required information and
documents.
INSTRUCTIONS
Please utilize these instructions when preparing your response and producing
documents or other information in response to this set of requests to produce. This set of
requests to produce shall be deemed continuing so as to require supplemental responses
if the persons to whom this set of requests to produce are addressed obtain further
information between the time the responses are served and the time of trial.
1. Any Document responsive to these requests to produce that is not disclosed
or produced by reason of a claim of privilege or work product, or for any other reasons,
shall be identified by : (a) the subject matter of the Document; (b) the author of the
Document; (c) the recipient(s) of the Document; (d) the identity of any person (s) to whom
the Document, or any portion thereof, has been revealed; (e) the basis upon which the
information is being withheld.
2. All Documents that exist in electronic format shall be produced in the format
in which they are maintained, including all metadata, unless the parties agree to an
alternative means of production.
3. If any Document described in any response to these requests to produce is
no longer in Your possession, custody, control, or care, state whether the Document: (a)
Page 4
COLE, SCOTT, KISSANE, P.A.
4190 BELFORT ROAD, SUITE 300
JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX
CASE NO.: 16-2021-CA-004553-XXXX-MA,
is missing or lost; (b) has been destroyed; (c) has been transferred voluntarily or
involuntarily to others; or (d) has been otherwise disposed of or discarded. In each
situation, please state the facts surrounding such disposition, and identify the person(s)
directing or authorizing that disposition, and the disposition date.
4. If any Document responsive to these requests to produce requires
disclosure of confidential patient information protected by HIPPA or other statute or
regulation pertaining to individuals who did not receive the medical services at issue in
this case, such protected confidential patient information may be redacted from the
documents.
DEFENDANT’S SUPPLEMENTAL REQUEST FOR PRODUCTION
TO PLAINTIFF ASHLEY AKIN
1. Any and all medical records and bills allegedly related to the subject accident not
previously produced.
2. All records of payments for medical treatment claimed necessary as a result of
the subject accident, including payments by yourself and all other sources, which
were not previously produced.
3. All records demonstrating lost wages or diminished earning capacity not
previously produced.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 12th day of September, 2023, a true and correct
copy of the foregoing was filed with the Clerk of Duval County by using the Florida Courts
e-Filing Portal, which will send an automatic e-mail message to the following parties
registered with the e-Filing Portal system: Justin S. Drach, Esq., Thoele Drach,
Page 5
COLE, SCOTT, KISSANE, P.A.
4190 BELFORT ROAD, SUITE 300
JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX
CASE NO.: 16-2021-CA-004553-XXXX-MA,
justin@thoeledrach.com;amanda@thoeledrach.com;courtney@thoeledrach.com, 3744
DuPont Station Ct S, Jacksonville, FL 32217, (904) 600-4384/(904) 306-1355 (F),
Attorney for Plaintiffs, Stacey Akin, Scott A. Akin and Ashley Akin, Kathryn M. Oughton,
Esq., Boyd & Jenerette, P.A.,
efiling@boydjen.com;koughton@boydjen.com;adodd@boydjen.com;dhohmann@boydj
en.com, 201 North Hogan Street, Suite 400, Jacksonville, FL 32202, (904) 353-
6241/(904) 493-3739 (F), Attorney for Defendant, Rasier-DC, LLC a/k/a Uber
Technologies, Inc., Amanda Thoele, Esq., Thoele Drach,
justin@thoeledrach.com;amanda@thoeledrach.com;courtney@thoeldrach.com, 7545
Centurion Parkway, Suite 303, Jacksonville, FL 32256, (904) 233-1555/(604) 306-1355
(F), Attorney for Plaintiffs, Scott A. Akin, Ashley Akin and Stacey Akin.
COLE, SCOTT, KISSANE, P.A.
Counsel for Defendants Steven Webster &
Gerard Webster, Jr.
4190 Belfort Road, Suite 300
Jacksonville, Florida 32216-1461
Telephone (904) 685-4739
Facsimile (904) 672-4050
Primary e-mail: natalie.wheeler@csklegal.com
sean.egan@csklegal.com
Secondary e-mail:
alexandra.ristevski@csklegal.com
katelyn.morgan@csklegal.com
By: /s/ Sean M. Egan
NATALIE F. WHEELER
Florida Bar No.: 119146
SEAN M. EGAN
Florida Bar No.: 1013542
0781.0525-00
Page 6
COLE, SCOTT, KISSANE, P.A.
4190 BELFORT ROAD, SUITE 300
JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX
Preview
Filing # 181637938 E-Filed 09/12/2023 02:37:59 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 16-2021-CA-004553-XXXX- MA, SCOTT AKIN, STACEY AKIN, and ASHLEY AKIN, Plaintiffs, v. STEVEN WEBSTER, GERARD WEBSTER, JR., UBER TECHNOLOGIES, INC., RASIER, LLC, RASIER-CA,LLC, RASIER-DC,LLC, RASIER,-PA,LLC, RASIER-MT,LLC, and HINTER-NM,LLC, Defendants. _______________________________/ DEFENDANT STEVEN WEBSTER’S SUPPLEMENTAL REQUEST FOR PRODUCTION TO PLAINTIFF COME NOW, Defendant, STEVEN WEBSTER, (“Defendant”), by and through the undersigned counsel, pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, requests that the Plaintiff, ASHLEY AKIN, (“Plaintiff”), to produce for inspection and/or copying the following documents, writings, papers and other data within thirty (30) days, at the offices of the undersigned attorneys for the Defendant: Cole, Scott & Kissane, P.A., 4190 Belfort Road, Suite 300, Jacksonville, Florida 32216 DEFINITIONS The definitions of certain words utilized throughout this set of requests to produce are set forth as follows. Please utilize these definitions when preparing your response and producing documents or other information in response to this set of requests to COLE, SCOTT, KISSANE, P.A. 4190 BELFORT ROAD, SUITE 300 JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 09/14/2023 01:01:57 PM CASE NO.: 16-2021-CA-004553-XXXX-MA, produce. This set of requests to produce shall be deemed continuing so as to require supplemental responses if the persons to whom this set of requests to produce are addressed obtain further information between the time the responses are served and the time of trial. 1. “Plaintiff,” “You” and “Your” shall mean ASHLEY AKIN, her agents, attorneys or anyone acting on her behalf. 2. “Defendant” shall mean STEVEN WEBSTER and GERARD WEBSTER, JR. 3. “Document” shall mean each and every written, recorded, or graphic matter of any kind, type, nature, or description that is or has been in your possession, custody, or control, or of which you have knowledge, including, but not limited to, computer files, computer database, computer printouts, correspondence, electronic mail, memoranda, minutes, agendas, tapes, stenographic or handwritten notes, written forms of any kind, charts, blueprints, drawings, specifications, diaries, letters, telegrams, photographs, minutes, contracts (including all exhibits thereto), agreements, reports, surveys, data compilations of any kind, teletypes, telexes, telegrams, facsimiles, invoices, order forms, checks, drafts, statements, receipts, credit memos, reports, summaries, books, ledgers, notebooks, schedules, transparencies, recordings, catalogs, advertisements, promotional materials, films, video tapes, audio tapes, brochures, pamphlets, transcripts, manuals, graphs, estimates, tabulations, logs, charts, books of account, financial statements, purchase orders, or any written or recorded materials of any other kind, however stored, recorded, produced, or reproduced, Page 2 COLE, SCOTT, KISSANE, P.A. 4190 BELFORT ROAD, SUITE 300 JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX CASE NO.: 16-2021-CA-004553-XXXX-MA, and also including, but not limited to, drafts or copies of any of the foregoing that contain any notes, comments, or markings of any kind not found on the original documents or that are not otherwise identical to the original documents. The term “document” shall include data stored, maintained or organized on computer or any other way electronically or magnetically. 4. “Person” shall mean any natural person or any corporation, partnership, associates, joint venture, firm, or other business enterprise or legal entity. 5. To “identify” a natural “person” or any reference to stating the “identity” of a natural “person” shall mean to state that person’s full name, business title or affiliation, employers, and last known address and telephone number. 6. To “identify” a “person” that is a business, organization, or group of persons or any reference to stating the “identity” of such “person” shall mean to state the full name of such business, organization, or group of persons, the form of the business, organization or group of persons (e.g., corporations, partnership, joint venture) and to “identify” a natural person who would have knowledge of the requested information. 7. “Identify” when used in reference to a “document” means to set forth following information: a. A general description thereof (e.g., a letter, memorandum, report, etc.) b. A brief summary of its contents; c. The name and address of the custodian of the original; d. The name and address of the person(s) who drafted, prepared, compiled, and/or signed it; and Page 3 COLE, SCOTT, KISSANE, P.A. 4190 BELFORT ROAD, SUITE 300 JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX CASE NO.: 16-2021-CA-004553-XXXX-MA, e. Any other descriptive information necessary in order to adequately describe it in a subpoena duces tecum or a motion or request for production. 8. “And” as well as “or” as used herein shall be read and applied as though interchangeable and shall be construed either disjunctively or conjunctively so as to require the fullest and most complete disclosure of all required information and documents. INSTRUCTIONS Please utilize these instructions when preparing your response and producing documents or other information in response to this set of requests to produce. This set of requests to produce shall be deemed continuing so as to require supplemental responses if the persons to whom this set of requests to produce are addressed obtain further information between the time the responses are served and the time of trial. 1. Any Document responsive to these requests to produce that is not disclosed or produced by reason of a claim of privilege or work product, or for any other reasons, shall be identified by : (a) the subject matter of the Document; (b) the author of the Document; (c) the recipient(s) of the Document; (d) the identity of any person (s) to whom the Document, or any portion thereof, has been revealed; (e) the basis upon which the information is being withheld. 2. All Documents that exist in electronic format shall be produced in the format in which they are maintained, including all metadata, unless the parties agree to an alternative means of production. 3. If any Document described in any response to these requests to produce is no longer in Your possession, custody, control, or care, state whether the Document: (a) Page 4 COLE, SCOTT, KISSANE, P.A. 4190 BELFORT ROAD, SUITE 300 JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX CASE NO.: 16-2021-CA-004553-XXXX-MA, is missing or lost; (b) has been destroyed; (c) has been transferred voluntarily or involuntarily to others; or (d) has been otherwise disposed of or discarded. In each situation, please state the facts surrounding such disposition, and identify the person(s) directing or authorizing that disposition, and the disposition date. 4. If any Document responsive to these requests to produce requires disclosure of confidential patient information protected by HIPPA or other statute or regulation pertaining to individuals who did not receive the medical services at issue in this case, such protected confidential patient information may be redacted from the documents. DEFENDANT’S SUPPLEMENTAL REQUEST FOR PRODUCTION TO PLAINTIFF ASHLEY AKIN 1. Any and all medical records and bills allegedly related to the subject accident not previously produced. 2. All records of payments for medical treatment claimed necessary as a result of the subject accident, including payments by yourself and all other sources, which were not previously produced. 3. All records demonstrating lost wages or diminished earning capacity not previously produced. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 12th day of September, 2023, a true and correct copy of the foregoing was filed with the Clerk of Duval County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Justin S. Drach, Esq., Thoele Drach, Page 5 COLE, SCOTT, KISSANE, P.A. 4190 BELFORT ROAD, SUITE 300 JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX CASE NO.: 16-2021-CA-004553-XXXX-MA, justin@thoeledrach.com;amanda@thoeledrach.com;courtney@thoeledrach.com, 3744 DuPont Station Ct S, Jacksonville, FL 32217, (904) 600-4384/(904) 306-1355 (F), Attorney for Plaintiffs, Stacey Akin, Scott A. Akin and Ashley Akin, Kathryn M. Oughton, Esq., Boyd & Jenerette, P.A., efiling@boydjen.com;koughton@boydjen.com;adodd@boydjen.com;dhohmann@boydj en.com, 201 North Hogan Street, Suite 400, Jacksonville, FL 32202, (904) 353- 6241/(904) 493-3739 (F), Attorney for Defendant, Rasier-DC, LLC a/k/a Uber Technologies, Inc., Amanda Thoele, Esq., Thoele Drach, justin@thoeledrach.com;amanda@thoeledrach.com;courtney@thoeldrach.com, 7545 Centurion Parkway, Suite 303, Jacksonville, FL 32256, (904) 233-1555/(604) 306-1355 (F), Attorney for Plaintiffs, Scott A. Akin, Ashley Akin and Stacey Akin. COLE, SCOTT, KISSANE, P.A. Counsel for Defendants Steven Webster & Gerard Webster, Jr. 4190 Belfort Road, Suite 300 Jacksonville, Florida 32216-1461 Telephone (904) 685-4739 Facsimile (904) 672-4050 Primary e-mail: natalie.wheeler@csklegal.com sean.egan@csklegal.com Secondary e-mail: alexandra.ristevski@csklegal.com katelyn.morgan@csklegal.com By: /s/ Sean M. Egan NATALIE F. WHEELER Florida Bar No.: 119146 SEAN M. EGAN Florida Bar No.: 1013542 0781.0525-00 Page 6 COLE, SCOTT, KISSANE, P.A. 4190 BELFORT ROAD, SUITE 300 JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX